Suspect pleads not guilty to Chelsea King murder

Special-circumstance charge could lead to death penalty

Kristin Spieler, the prosecutor for the San Diego district attorney's office, speaks at a news conference following the arraignment for John Albert Gardner III in the case involving the death of teenager Chelsea King Wednesday March 3, 2010 in San Diego. (AP Photo/Lenny Ignelzi)
— AP

Kristin Spieler, the prosecutor for the San Diego district attorney's office, speaks at a news conference following the arraignment for John Albert Gardner III in the case involving the death of teenager Chelsea King Wednesday March 3, 2010 in San Diego. (AP Photo/Lenny Ignelzi)
/ AP

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Arraignment: John Albert Gardner III pleaded not guilty to the rape and murder of Chelsea King and the assault to commit rape on a second woman. A status conference was set for March 9.

Charges: Gardner was arrested on suspicion of rape and murder in connection with 17-year-old Chelsea King’s disappearance. In filing charges today, prosecutors may include one or more special allegations that could make him eligible for the death penalty if convicted.

The not-guilty plea of a man accused of killing Poway teenager Chelsea King took only a few minutes Wednesday, but it signaled the start of a lengthy courtroom saga that could lead to the death penalty.

John Albert Gardner III, 30, a registered sex offender from Lake Elsinore, has been charged with murder during a rape or attempted rape in Chelsea’s slaying, a special-circumstance allegation that allows prosecutors to seek capital punishment. Gardner also faces a charge of assault with intent to rape in an attack on a woman in December.

Authorities identified Gardner from semen on a piece of Chelsea’s clothing that was run through a national DNA database at a state lab Sunday, California Department of Justice spokeswoman Christine Gasparac said. Investigators arrested Gardner later that day outside a restaurant near Lake Hodges. Two days later, a body believed to be Chelsea’s was found in a shallow grave near the lake.

The court appearance capped a grueling weeklong ordeal. Chelsea, a 17-year-old Poway High School senior, went missing a week ago while going for a jog in Rancho Bernardo Community Park. The following days saw more than 6,000 volunteers search for Chelsea in and around the park.

Gardner, who is in solitary confinement at the Central Jail in downtown San Diego, continually stared at the floor and spoke only one word — “Yes” — during Wednesday’s hearing. The answer was in response to Superior Court Judge Joseph Brannigan asking Gardner whether he understood the upcoming court dates. A preliminary hearing is March 18, and the judge ordered Gardner held without bail.

No details of the case were discussed in open court because defense lawyers Michael Popkins and Mel Epley of the county Public Defender’s Office did not argue for a bail amount.

Several of Chelsea’s friends and family attended the arraignment, including her parents, Brent and Kelly King. They sat in silence, their faces somber. The couple declined interview requests.

District Attorney Bonnie Dumanis spoke shortly after the hearing but refused to discuss evidence in the case.

“We want to make sure that justice is done for Chelsea, and we want to make sure that we do everything that we can to preserve the case and to make sure that the person responsible is held accountable,” Dumanis said.

She said no decision has been made about whether to seek the death penalty, but the opinion of Chelsea’s family will be considered.

“It’s a decision that requires us to step back to make that decision,” Dumanis said. “We include everyone in that process, and we understand the somber nature of the death penalty and that it should be used and exercised in those cases that are the most serious.”

Outside the courthouse, several protesters held signs that read “Castrate rapists” and “No parole 4 molesters.”

Gardner’s mother and stepfather did not attend the hearing. Earlier in the day, someone using red spray paint wrote, “Chelseas blood is on you move out,” on the garage door of their Rancho Bernardo townhouse. The words were painted over a couple of hours later.

Authorities have not said whether they have positively identified the body found near Lake Hodges as Chelsea. The Medical Examiner’s Office said its review is under seal by the Sheriff’s Department, which did not return calls Wednesday.

Sheriff Bill Gore previously said there is a “strong likelihood” that the body is Chelsea’s. It was discovered shortly after 1 p.m. Tuesday about 10 feet from a tributary that leads to the lake — an area that had been searched extensively and is about a half-mile from a parking lot where Chelsea’s BMW was found last week. Gore said a shoe had been recovered previously in the general area.

Wednesday, Rancho Bernardo Community Park was reopened to the public. The rolling hills, green from recent rains, provided a peaceful backdrop for what is now a scene identified with tragedy.

“You never think anything like that could happen here,” said Jill Leff, a retired state employee walking her dachshund. “I always feel very safe here.”

Jack Kuramoto, another retiree who lives across the street from the park, noted that the body was found near a cluster of fire-scorched trees. “It’s kind of scary,” Kuramoto said.

The second count against Gardner is in connection with a Dec. 27 attack on a 22-year-old female jogger in the same park. San Diego police say they have linked Gardner to the attack but have declined to say how they made the connection. They were working with police in Colorado Springs, Colo., where the jogger lives.

Gardner is also under investigation for possible involvement in the case of Amber Dubois, a 14-year-old who disappeared Feb. 13, 2009, while walking to Escondido High School.

Moe Dubois, Amber’s father, was at Gardner’s hearing and said it was difficult to look at him.

Dubois said police were given the responsibility of checking on all sex offenders in the Escondido area after Amber’s disappearance, and he remembered Gardner’s name showing up on that list. He didn’t know whether Escondido police questioned Gardner in his daughter’s case. Police have declined to say whether they did.

The similarities between the two disappearances are eerie, Dubois said, and make him fear the worst.

“In our hearts, we don’t want to accept that,” he said. “We are constantly going to keep searching for Amber. We feel she’s still alive, and we always will feel she’s still alive until we find her and we have her home.”

As recently as November 2009, Gardner registered as a sex offender at an Escondido address two miles from the school Amber attended.

Lake Elsinore police are also investigating whether Gardner might have tried to kidnap a girl in October, The Press-Enterprise in Riverside reported Wednesday.

A girl told police she was walking to a friend’s house about

7:10 a.m. Oct. 28 when she was approached by a man driving a gold sedan. After a brief conversation, he showed the girl a gun and demanded she get inside the car. The girl refused and ran.

The attempted abduction took place less than four miles from Gardner’s Lake Elsinore residence.

Gardner previously served five years in prison for molesting a 13-year-old neighbor girl in his mother’s Rancho Bernardo home. The girl accused him of repeatedly punching her in the face and touching her private parts.

Deputy District Attorney Kristen Spieler, who will be prosecuting Gardner, said the special allegation to the murder charge doesn’t necessarily mean Gardner raped Chelsea. Spieler also said Gardner’s previous conviction should increase any sentence that is levied but declined to discuss the case further.

Dumanis said she knows what an incredibly sad day it was yesterday for San Diegans.

“We know that this has rocked San Diego,” she said. “We need to move forward and wrap our arms around this family.”